Prosecutors in San Diego will always seek to hit you with the maximum penalties once they have decided to charge you with domestic violence. Hiring a qualified San Diego domestic violence attorney can greatly increase your chances of a favorable outcome. Contact Ozols Law Firm today for a free consultation.
Hire An Experienced Domestic Violence Defense Lawyer
Ozols Law Firm has experience handling all types of domestic violence cases in San Diego, including: corporal injury on a spouse, domestic battery, and domestic criminal threats. We know these allegations require a strong defense, and we use our experience to spot the weaknesses in the prosecution’s case against you. A brief overview of our approach includes:
- Get the case dismissed (depending on your individual circumstances)
- Investigate your case
- Interview witnesses
- Search for exculpatory evidence
- File motions to suppress evidence
- Negotiate a favorable deal with the D.A.
- Go to trial (if necessary)
From the moment you hire us, we will begin investigating your case to find exculpatory evidence, which could result in the prosecutor not even filing charges. If you have been charged with domestic violence, an experienced domestic violence lawyer with a proven track record can help minimize the damage and potentially get the case dismissed. As your lawyer, Mr. Ozols knows what steps to take to give you the best possible outcome. Call us to discuss your case and find out how we can help.
Consequences of a Domestic Violence Conviction:
If found guilty of domestic violence, the punishment is severe and can include:
- Heavy fines
- Jail time
- Child custody implications: a conviction could possibly impact your ability to see your children due to a loss of custody, and
- Immigration consequences: being convicted of domestic violence could lead to deportation from the United States if you are not a U.S. citizen. (I.N.A. § 237.)
In short, a domestic violence conviction could impact almost every part of your life. That’s why it’s critical to have a qualified attorney begin working on your defense immediately.
Corporal Injury on a Spouse – Penal Code 273.5
California Penal Code section 273.5(a) makes it illegal to inflict corporal injury on a spouse or cohabitant if that injury results in a traumatic condition. This occurs when a person strikes or hits another person who is his or her intimate partner and it caused visible injury. Due to the severity which law enforcement treats domestic violence allegations, even slight injuries may result in the alleged perpetrator being taken into custody. If you are taken into custody, exercise your right to remain and silent and immediately call a domestic violence attorney. Do not try to “explain” your side of the story to the police.
Under Penal Code § 273.5(b), P.C. § 273.5(a) applies if the alleged victim was on or more of the following:
- The offender’s spouse or former spouse,
- The offender’s former cohabitant or current cohabitant,
- The offender’s fiance or fiancee, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243
- The mother or father of the offender’s child
Domestic Battery – Penal Code 243(e)(1)
Penal Code 243(e)(1) is one of the most common battery charges in San Diego. Domestic battery is a misdemeanor when one inflicts force on their intimate partner. Unlike corporal injury (see above), this offense does not need to have a visible injury and is often taken on the statements of one of the parties.
With this weakness of evidence, these types of cases are easily defendable. It often either turns into a “he said/she said,” or just a trial where the intimate partner who made the complaint does not want to testify.
Often individuals are fearful of the idea of trial and don’t understand that the D.A.’s office generally doesn’t have the best case. No matter what they say, beyond a reasonable doubt is a very high burden to meet when there is just an officer testifying about statements from the alleged victim. As your defense lawyer, Mr. Ozols will investigate all statements being used against you and fight to keep them out.
Domestic Violence and Criminal Threats – Penal Code 422
Criminal threats under California Penal Code Section 422 is another possible charge that can be linked to a domestic violence situation. To be charged with criminal threats one would have had to:
- threatened someone either verbally, in writing, or by means of electronic communication device, and
- that person would reasonably have to be in fear, and
- it would have to be a threat that could actually be carried out as well, regardless if the person making the threat intended to carry it out.
This can be charged as a misdemeanor or a felony. PC 422 goes onto say that someone found guilty of this crime “shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.”
If charged as a felony, it is seen as a “strike” under the California three strikes laws. In short, the three strikes laws means that if you are convicted of three of these offenses you will have to spend life in prison as a mandatory sentence. If you are being charged with making felony criminal threats, speak with an attorney in our office immediately to discuss your best legal options.
Criminal Protective Orders in Domestic Violence Cases
Most people have heard of a restraining order or a temporary restraining order (“TRO”). A TRO is actually a civil case where it is filed and adjudicated in civil court. This is something that one party files in order to have the other party stay away from them. For more information on criminal protective orders, click here.
Call Us Today To Discuss Your Case
If you or a loved one has been charged with domestic violence, call Ozols Law Firm today at 619.288.8357 or fill out our free case evaluation form to see how we can assist you during this difficult time. Having a qualified San Diego domestic violence lawyer on your side can greatly increase the chances of a positive outcome. We look forward to meeting with you to discuss your criminal defense needs.